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Originally Posted by klinked I am looking for that settlement letter that spells out that the CA will pull the suit, stop collection activity forever and will not sell or transfer the file.
$10K in damages if the file is sold or collection activity continues.
Thanks anyone who can help. |
As others have written there are all types of settlement letters.
This is one I used when I just did not want to deal with a JDB and wanted to get the thing over with,as I had just won a big case that took up a considerable amount of my time.
I offered 10% of what they were suing me for and it was accepted.
Here is the jist of it...
I offer to settle this matter for the sum of XXXX This offer is valid for ten (10) days from the date of this letter. If you wish to accept this offer please notify me in writing prior to the expiration of said offer.
The contents of this letter are for settlement purposes only and shall not be construed as a waiver of my rights, all of which are expressly reserved.
Then they will send back a letter that they accept
You write back In order to terminate the litigation and resolve this dispute I have prepared the enclosed stipulation of Dismissal and Release.
Please sign and return back to me. Upon receipt I will sign and file the SoD.
This is the Stipulation
Pursuant to (your state and rules) the undersigned parties being all the parties in the above captioned matter agree that this action be dismissed with prejudice with rights of appeal waived and without costs or attorneys
fees to any party.
RELEASE
In consideration of payment of XXXX and No cents ($XXX)the receipt of which is herby acknowledged (your JDB) and address of the creep, herby remises releases and forever discharges (your name your address) of any and all claims debts demands action,courses of action, suits,contracts agreements liabilities and damages whatsoever of every name and nature ,which the said (creep) now has or evr had against (your name) up to and including thie Release.including but not limited to any and all claims arising from or related to a credit card agreement by and between (your name) and (the OC) and those claims asserted by (creep) against (your name) in the civil action entitled (plaintiff and defendant docket number)
Witness the hands and seals of (Creep) and (you)
They sign it, you sign it and you send a money order or bank check CRRR.
MAKE COPIES OF EVERYTHING.
Now when I first offered the settlement they came back with a proposal for AGREEMENT FOR JUDGMENT
You do not want that You want a STIPULATION OF DISMISSAL.
I had a lawyer write this up and never heard any more and in fact they even took off the TL so it is a done deal as far as my lawyer and I am concerned.
Good Luck!
ILMD